Video Game Censorship: Are games treated differently? Should they be?
The Law- Video games do have the same First Amendment protection as all of the other forms of media and communication, books, movies, ect. It may surprise you to know that video games were not given this explicit protection by the Supreme Court until July of 2011, although various lower courts had given video games full protection under the First Amendment. On July 27, 2011 the Supreme Court of the United State issued its written opinion on Brown v. Entertainment Management, explicitly giving video games the same protection as traditional media under the First Amendment. Brown v. Entm't Merchs. Ass'n , 564 U.S. 786 (2011). The Court held in a 7-2 decision, written by the late Justice Scalia, that Video games qualify for First Amendment protection. The Free Speech Clause of the First Amendment exists primarily to protect discourse on public matters, but the Supreme Court has long recognized that it is difficult and foolish to try and distinguish po...